This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Filing for bankruptcy in Florida can help you stop collections, erase debt, and get a fresh start. However, the process is detailed and must be done correctly. One mistake can delay or even ruin your case. That’s why it's best to know the right steps before you file.
Fleysher Law Bankruptcy and Debt Attorneys helps individuals and families file for bankruptcy the right way. We guide you through the paperwork, explain your options, and protect your rights under Florida bankruptcy law.
Whether you’re dealing with medical bills, credit cards, or a car loan you can’t afford, our team can help you take action. This guide will walk you through each step of the bankruptcy process so you can understand what’s ahead and how to prepare.
Bankruptcy can be a powerful tool. But it’s not right for everyone. Before you file for bankruptcy, you need to understand how it will affect your financial life and future. Some debts can be wiped away, but others may stay.
Filing for bankruptcy can stop wage garnishment, lawsuits, and constant creditor calls. It can also help protect your home, car, and personal property. Still, there are rules, limits, and long-term effects to consider.
Fleysher Law Bankruptcy and Debt Attorneys reviews your financial situation and help you decide if bankruptcy is the best option. We explain how bankruptcy court works and whether your case qualifies for Chapter 7 or Chapter 13. If you decide to file, we’ll guide you from start to finish. But if another path makes more sense, we’ll tell you that, too. The goal is to find the smartest solution for your specific needs.
The most common types of bankruptcy for individuals are Chapter 7 and Chapter 13. Chapter 7 helps wipe out unsecured debt like credit cards and medical bills. It’s fast and works well for people with limited income and few assets. In most cases, people keep their personal property using Florida bankruptcy exemptions.
Chapter 13 helps you repay some or all of your debts over three to five years. It’s for those with a steady income who want to protect their home or car. It can help stop foreclosure or catch up on payments. Your income, assets, and debt level help determine which chapter is best. We’ll help you decide based on your goals.
Before you file for bankruptcy, it’s smart to look at other options. Some people may qualify for debt settlement, credit counseling, or a loan modification. These might work if your debt is not too high and you have income to make reduced payments.
However, many of these options don’t offer the same legal protection as a bankruptcy petition. Creditors can still sue you or take your wages. Bankruptcy stops those actions through the automatic stay. If your debt keeps growing or you’re falling behind each month, filing for bankruptcy may be your best path to relief.
Not everyone qualifies for every type of bankruptcy. Before you file for bankruptcy, you must meet specific rules. These include income tests, debt limits, and residency requirements under Florida bankruptcy law.
Chapter 7 has a strict income test. If you earn too much, you may not qualify. Chapter 13 has limits on how much debt you can have. Both require that you’ve lived in Florida long enough to use Florida bankruptcy exemptions.
At Fleysher Law Bankruptcy and Debt Attorneys, we go over your income, debts, and past financial records. We make sure you file under the right chapter. This helps you protect your personal property and avoid delays in the bankruptcy process. Knowing where you stand before filing makes everything easier.
The Chapter 7 means test compares your income to Florida’s median income for your household size. If your income is below that number, you usually qualify. If it’s above, you may still pass based on your expenses and secured debt payments like a car loan or mortgage.
The test reviews your last six months of income. It subtracts approved expenses to see if you have enough left to repay creditors. If not, you may qualify for Chapter 7 and wipe out unsecured debt such as credit card balances or medical bills.
Passing the means test is the first step in filing a successful Chapter 7 bankruptcy case. Our team calculates your eligibility and ensures all numbers are correct.
To file under Chapter 13, you need a steady income. You must also fall under debt limits set by the bankruptcy code. These limits change over time but apply to both secured and unsecured debt. Secured debt includes things like a car loan or mortgage.
Unsecured debt includes credit cards, medical bills, and personal loans. If your debt is too high, Chapter 13 may not be allowed. Chapter 13 is a good option if you want to stop foreclosure or catch up on payments. Our bankruptcy lawyer will review your income, assets, and debts to see if this chapter fits your goals.
To use Florida’s exemptions, you must live in the state for at least 730 days before your bankruptcy filing date. If you moved recently, the rules can be more complex. You may have to use your previous state’s laws instead.
Florida bankruptcy exemptions protect critical things like your home, personal property, and wages. The Florida homestead exemption can protect the full value of your primary residence if you’ve lived in it long enough.
We check your residency timeline before you file for bankruptcy to ensure you qualify for these protections. This step helps you keep more of what matters.
Before you file for bankruptcy in Florida, the law requires you to complete a credit counseling course. This step applies to both Chapter 7 and Chapter 13. It’s not optional. If you skip it, the bankruptcy court may reject your case.
The course is designed to review your financial situation. It helps confirm that bankruptcy is your best option. Once done, you’ll receive a certificate of completion. That certificate must be filed with your bankruptcy petition.
At Fleysher Law Bankruptcy and Debt Attorneys, we help you find an approved provider. The course usually takes about one hour. It’s available online, by phone, or in person. It’s a simple step but a critical one.
You must take the credit counseling course no more than 180 days before your bankruptcy filing date. If the course is older than that, the court won’t accept it. You’ll need to take it again. This timeline applies no matter what type of bankruptcy case you file.
If you file without a valid certificate, your case could be dismissed. We always make sure this step is completed on time. It’s the first official requirement in the bankruptcy process and must be done correctly.
The bankruptcy court only accepts certificates from agencies that are approved by the U.S. Department of Justice. Not all companies qualify. Choosing the wrong provider could cause problems later. We’ll give you a list of trusted, approved credit counseling agencies.
Most charge a small fee. Some offer reduced rates based on income. Don’t risk your case by using an unapproved source. Stick to the list and get your certificate done right the first time.
When you finish your credit counseling course, you’ll receive a certificate. This certificate is not just a receipt but also required paperwork for your bankruptcy petition. You must submit it to the Florida Bankruptcy Court at the time of your filing.
If it’s missing, your bankruptcy proceedings could be delayed or dismissed. We help make sure your certificate is included in your filing package. It’s a small but necessary step to keep your case moving forward.
Before you file for bankruptcy, you’ll need to collect detailed financial records. These documents help the bankruptcy court understand your income, expenses, and debts.
The court needs to see your income. You’ll need to provide pay stubs from the past six months, tax returns, and other proof of income. If you’re self-employed, include profit and loss statements or bank deposits.
Income documentation helps with the Chapter 7 means test and Chapter 13 payment plans. It also confirms you qualify under the bankruptcy code. Missing income records can delay your bankruptcy case. We’ll help you gather and organize everything correctly before your filing date.
You must report everything you own and owe. This includes cars, furniture, electronics, bank accounts, and other personal property. It also includes all secured and unsecured debt, like credit cards, medical bills, and car loans.
List each creditor, the balance owed, and whether the debt is secured or unsecured. You also need to estimate the current value of your assets. Our team helps you prepare a full, honest list so the bankruptcy trustee can review your case without issues.
The court wants to see how much you spend each month. You’ll need to report housing, food, insurance, gas, utilities, and other basic expenses. This helps the court know if you can repay debt or if you qualify for Chapter 7.
You’ll also need to share recent financial statements, such as credit card or loan statements. These documents show your financial problems clearly. We’ll help you fill in each item correctly to avoid errors that could slow down your bankruptcy filing.
You must include copies of your most recent bank statements, usually from the last 60 to 90 days. These show deposits, withdrawals, and account balances.
You’ll also need to provide copies of your latest bills like credit cards, car loans, medical bills, utilities, and more. This confirms the debts listed in your bankruptcy petition. Fleysher Law Bankruptcy and Debt Attorneys go through each statement with you. That way, everything is complete before you submit your bankruptcy forms.
Once you’ve gathered all your documents, the next step is to complete the required bankruptcy forms. These forms tell the bankruptcy court about your income, debt, assets, and financial history.
The forms must be accurate. Mistakes can delay or even dismiss your case. At Fleysher Law Bankruptcy and Debt Attorneys, we help clients file correctly and avoid problems during the bankruptcy process.
The voluntary petition is the first form filed with the court. It opens your bankruptcy case. Along with it, you must file several “schedules.” These include lists of your property, debts, income, and expenses.
You’ll also list any recent transfers of assets or changes in your financial situation. All of this must be truthful and complete. The court uses these forms to review your entire case. Our bankruptcy lawyer helps ensure every schedule is correct and ready for filing.
This document provides a full look at your past financial activity. It covers the last few years and includes income history, lawsuits, recent payments to creditors, and more.
The bankruptcy court uses this statement to check for fraud, hidden assets, or other issues. It’s one of the most detailed forms you’ll fill out during the bankruptcy process. We help make sure everything is clear, honest, and complete, so your bankruptcy case stays on track.
The creditor matrix is a list of every person or business you owe money to. It includes names, addresses, and the types of debt owed. This list must follow the court’s required format so that creditors receive proper notification.
If any creditors are missing or wrong, they might not get the required notice. That can delay your case or cause certain debts to survive the discharge. We prepare the matrix properly to ensure all creditors are included and the court can move your case forward.
When you file for bankruptcy, you must pay a filing fee. As of now, Chapter 7 costs around $338 and Chapter 13 costs about $313. These fees are paid to the bankruptcy court. If you can’t pay all at once, you may ask to pay in installments.
In rare cases, you can request a waiver based on income. We’ll help you choose the best option. Whether you pay upfront or request a payment plan, we make sure the fee is handled properly so there are no delays.
As soon as your bankruptcy petition is filed, something powerful happens. The automatic stay goes into effect. This stops most actions by creditors right away. It’s one of the biggest protections in the bankruptcy process. It gives you room to breathe and protects your property from collection efforts.
The automatic stay blocks most types of debt collection. It stops wage garnishments, foreclosure sales, repossession, lawsuits, and constant calls from collectors. It even pauses IRS collections on certain debts.
This protection starts the moment your bankruptcy forms are filed with the Florida bankruptcy court. No court hearing is needed. Creditors must stop all activity unless the court gives them special permission. The stay gives you time to work with your bankruptcy lawyer and complete the rest of your case without pressure.
The automatic stay lasts for the duration of your bankruptcy case, unless the court lifts it early. In Chapter 7, it usually stays in place for 3 to 6 months. In Chapter 13, it can last for several years while you complete your repayment plan.
If you’ve filed for bankruptcy more than once in the past year, the stay might be shorter or may require special approval to stay in effect. We help you understand how long your stay will last and how to make the most of it. It’s your legal shield during the bankruptcy proceedings.
After you file for bankruptcy, the court will schedule your 341 meeting. This is a required step in all bankruptcy cases. It usually takes place 20 to 40 days after your filing date.
The 341 meeting is not held in a courtroom. There is no judge present. Instead, you’ll meet with your bankruptcy trustee. They’ll ask basic questions about your bankruptcy petition, your debts, income, and assets.
You’ll be under oath, so it’s important to answer truthfully. The meeting usually lasts 10 to 15 minutes. Most are simple and go smoothly if your documents are complete. At Fleysher Law Bankruptcy and Debt Attorneys, we prepare you ahead of time so you feel confident and ready.
The bankruptcy trustee’s job is to review your case. They make sure your forms are accurate and your assets are disclosed properly. They may ask for more documents after the meeting or clarification on certain items.
In Chapter 7, the trustee checks if any non-exempt property can be sold to pay creditors. In Chapter 13, they review your repayment plan. The trustee does not make final decisions, but they play a big role in how your case moves forward.
Creditors are allowed to attend the 341 meeting, but most don’t. If they do appear, they can ask questions about your financial situation, debt, or recent activity. This is their only opportunity to raise concerns before the bankruptcy court moves forward.
Still, it’s rare for them to show up, especially in Chapter 7 cases. If any creditors attend, we’ll be by your side to make sure you’re protected and answer only what’s required.
After your 341 meeting, there’s one more course to complete before you can receive a discharge. It’s called the debtor education course, and it’s required in every bankruptcy case.
This course teaches you how to manage money and budget and avoid future financial problems. It’s different from the credit counseling course you took before filing.
You must complete the debtor education course before the court will wipe out your eligible debts. If you don’t finish it, your case may close without a discharge. This course is short and simple. Most people complete it online in under two hours.
It covers practical financial tips and planning for life after bankruptcy. We’ll remind you when to take it and help make sure your bankruptcy process stays on track.
Just like credit counseling, the debtor education course must be taken through an agency approved by the U.S. Trustee Program. Courses offered by unapproved companies won’t count. We’ll provide a list of approved providers. Most charge a low fee, and some offer discounts based on income.
The course is available online, by phone, or in person. Our law firm makes sure you choose a valid provider and avoid delays in your bankruptcy proceedings.
Once you finish the course, you’ll get a certificate of completion. You must file this certificate with the bankruptcy court before your case is discharged. The court will not forgive your debt without it. Timing matters, so don’t wait too long after your 341 meeting to complete the course. We’ll help you file the certificate properly to ensure you qualify for your discharge without issues.
After completing all steps, including the debtor education course, you’ll receive a discharge. This is the official court order that eliminates certain debts and closes your bankruptcy case.
If you filed Chapter 7, your discharge usually comes three to six months after your filing date. It happens after the 341 meeting and once all the paperwork is complete. Once granted, the discharge releases you from personal liability on most unsecured debt. This includes credit cards, personal loans, and medical bills.
You are no longer legally required to pay them. You’ll get a copy of your discharge notice in the mail. Keep this document. It proves you completed the bankruptcy process and are no longer responsible for those debts.
Chapter 13 discharge takes longer. It happens after you finish your repayment plan, which lasts three to five years. Once you’ve made all required payments, the court will issue your discharge. This clears remaining balances on unsecured debt included in your plan.
It also officially ends your bankruptcy case. If you miss payments or fall behind during the plan, you may not receive a discharge. That’s why it's important to stay current or contact your bankruptcy lawyer right away if things change.
A discharge means your eligible debts are wiped out. Creditors can no longer contact you, sue you, or try to collect. You have no legal obligation to pay those debts ever again. It only applies to debts listed in your bankruptcy petition and covered under the bankruptcy code.
Some debts, like student loans, recent taxes, or child support, may not be discharged. At Fleysher Law Bankruptcy and Debt Attorneys, we help you understand what’s discharged and what isn’t. Knowing what your discharge includes helps you move forward with confidence.
Filing for bankruptcy gives you a fresh start. But what comes next matters just as much. Life after bankruptcy is about rebuilding, staying organized, and protecting your financial future.
Your credit will take a hit after filing for bankruptcy, but it won’t stay that way forever. You can start rebuilding your credit within months of discharge. Start small. Consider a secured credit card. Use it for small purchases and pay it off each month. Always pay bills on time.
These steps will slowly raise your credit score. Over time, good habits can outweigh the bankruptcy on your credit report. Many people see improvements in their credit within a year.
One of the most vital steps after bankruptcy is building a budget that works. List your income, fixed bills, and regular expenses. Make sure you track every dollar. Leave room for savings, even if it’s small. This helps you prepare for emergencies and avoid new debt. A strong budget gives you control and helps protect the fresh start bankruptcy gave you.
After discharge, check your credit report. Make sure old debts show as “discharged in bankruptcy.” They should not show a balance or continue to report as overdue. You're allowed one free credit report each year from each of the three major credit bureaus. Review all three.
If anything looks wrong, dispute it right away. Keeping your report clean is key to improving your score and protecting your financial progress.
Bankruptcy is a legal process. Even one small mistake can lead to delays or even a dismissed case. Working with an experienced bankruptcy attorney makes the process smoother, faster, and less stressful.
Filing for bankruptcy involves strict rules and detailed forms. Your paperwork must match your financial reality. If it doesn’t, the bankruptcy court may reject your case.
A Florida bankruptcy attorney makes sure every form is correct. They also ensure you're following Florida bankruptcy law, not just federal rules. This helps protect your rights and speeds up the bankruptcy process.
Florida has some of the strongest bankruptcy exemptions in the country. These laws protect your home, car, wages, and other personal property. But you must claim them correctly. Otherwise, the bankruptcy trustee could sell items you should have kept.
Your attorney will make sure you use the right exemptions. This helps you keep what matters most while still getting debt relief.
The bankruptcy court won’t forgive missed steps or paperwork errors. If you forget a form, skip a course, or file late, your bankruptcy case can be dismissed.
That means starting over, or worse, losing your protections. Working with Fleysher Law Bankruptcy and Debt Attorneys helps you stay on track. We meet every deadline, complete every step, and guide you from beginning to end.
How long does a bankruptcy stay on my credit report?
Chapter 7 stays on your credit report for 10 years. Chapter 13 stays for 7 years. But your credit can start improving much sooner if you make on-time payments and keep balances low.
Can I keep my home and car if I file for bankruptcy?
Yes, in many cases. Florida bankruptcy exemptions protect your primary home under the Florida homestead exemption. You can also keep your car if the equity is covered and you stay current on the car loan.
Do I have to go to court if I file for bankruptcy?
Usually, no. Most people only attend the 341 meeting, not a courtroom hearing. A judge is only involved if there are disputes. Your bankruptcy attorney handles everything else for you.
Can bankruptcy eliminate all of my debt?
Not always. Bankruptcy can eliminate most unsecured debt like credit cards and medical bills. But some debts (like student loans, recent taxes, and child support) usually can't be discharged.
How much does it cost to file for bankruptcy in Florida?
There are court filing fees and attorney fees. Chapter 7 has a filing fee of about $338. Chapter 13 is around $313. If you qualify, you may be able to pay in installments or request a fee waiver.
If you're thinking about filing for bankruptcy in Florida, don’t wait. Get the answers you need from a team that knows the process and puts your best interests first.
At Fleysher Law Bankruptcy and Debt Attorneys, we help clients across the state file for bankruptcy with confidence. We explain your options, protect your rights, and handle every step of the bankruptcy process. Whether you're facing credit card debt, medical bills, or foreclosure, we can help you take control of your finances.
We offer a free case consultation so you can speak with a trusted Florida bankruptcy lawyer before making any decisions. You’ll get honest advice based on your unique situation — not one-size-fits-all answers.
Start your fresh start today. Contact Fleysher Law Bankruptcy and Debt Attorneys to schedule your free consultation and get the relief you deserve.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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